Volume 22, Issue 1
January 2020

In This Issue
FSA Education Update
Melissa Long
FSA continues to enhance its training opportunities through educational events and the Fogarty Training Center. In 2019 the Level 1 Stormwater Operator Certification course materials were revamped and updated and the Education Committee has been hard at work brainstorming innovative educational topics for 2020. Thank you to all that contributed to these efforts!

Each year FSA offers two, free webinars to its members. This year FSA has transitioned to a new webinar platform to allow more members the opportunity to participate. Mark your calendar now for the 2020 Legislative Session Overview webinar to be held on March 19, 2020 summarizing all that occurred during the Legislative Session.

Planning for the Fall Seminar is well underway and registration will open in June. I'm excited about how this event is shaping up and I look forward to hearing from the presenters.

The Fogarty Training Center provides high quality training for stormwater professionals including Level 1 and Level 2 Stormwater Operator Certification classes and recertification classes. In 2019, we were able to train over 920 individuals across the state. As mentioned, the Level 1 course materials have been updated and FSA will continue to keep material fresh and up to date. If there isn't a class in your area, FSA can help. Please reach out to FSA to schedule a class.

FSA offers so many opportunities to expand your stormwater knowledge. I encourage each of you to get involved, stay involved and help shape the vision of FSA to meet our stormwater educational needs.

Melissa Long, City of Jacksonville
FSA Education Committee Chair
FSA 2020 - Building a Clear Vision in Stormwater Management
Save the date for FSA's Annual Conference at the Sanibel Harbour Marriott on June 17-19, 2020.  In keeping with the 2020 year, we will be Building a Clear Vision in Stormwater Management. FSA continues to be a valuable resource to all stormwater professionals by providing much needed resources through communications, research, training, education and advocacy. This year's event promises to provide sessions from industry-leading experts and thought leaders on regulatory and management topics that matter to you. If you only attend one event in 2020, set your sights on FSA's Annual Conference in June!
WOTUS Replacement Rule
On January 23, 2020 EPA and the Army Corps finalized rules providing new definitions of "Waters of the United States" under the CWA. In proposing new definitions, the new rule includes four basic categories of jurisdictional waters and provides for specific exclusions from federal jurisdiction. Categories of waters subject to federal regulation include:
  • The territorial seas and traditional navigable waters,
  • Perennial and intermittent tributaries to those waters,
  • Certain lakes, ponds, and impoundments, and
  • Wetlands that directly abut jurisdictional waters or have a regular interaction with such waters.
The Replacement Rule becomes effective 60 days after publication in the Federal Register, which has not yet occurred. However, if experience with the Repeal Rule (see article below) is an indicator, it will likely be challenged in federal court. For more information, see EPA's announcement and a pre-publication version of the replacement rule, known as the Navigable Waters Protection Rule.
WOTUS Repeal Rule 
On October 22, 2019 EPA published a Final Rule in the Federal Register repealing the 2015 WOTUS rule in its entirety.  Publication in the Federal Register started a 60-day clock after which time the new rule would typically become effective.  But at least four lawsuits have been filed asking the courts to hold the new rule unlawful:  A group of New Mexico ranchers and a coalition of environmental groups filed their lawsuits almost immediately.  And two landowners in New York State and a coalition of 15 states and cities filed their complaints in December 2019.  The litigation is causing more confusion over an unusual regulatory patchwork:  The 2015 rule is currently in effect for 22 states, the District of Columbia and U.S. territories but has been stayed or remanded for legal and procedural flaws by various courts in the remaining states.  The adoption of a replacement rule is the logical next step for EPA but will likely be complicated by legal challenges to the repeal rule. 
WOTUS Litigation
On September 22, 2019 the U.S. District Court for the Northern District of Florida issued an Order holding the litigation over the 2015 WOTUS rule in abeyance for 75 days, which was subsequently extended for an additional 100 days.  There have been no new developments in FSA's challenge to the 2015 WOTUS regulations since that time.  FSA maintained its original challenge of the WOTUS regulations as "insurance" in the event that the recently proposed rules repealing or replacing the 2015 rules fail to withstand legal challenges.    
Triennial Review
The CWA requires states to review their surface water quality standards every three years.  All surface water quality standards may be revised as part of the Triennial Review process, such as waterbody classifications, criteria, site specific criteria, anti-degradation policy and policy on Outstanding Florida Waters. FDEP initiated its 2019 Triennial Review last summer, published proposed revisions in late October and held four workshops on the proposed revisions.  See FSA's Comments in the Triennial Review section of FSA's Advocacy page.
Blue-Green Algae Task Force
Governor DeSantis' Blue-Green Algae Task Force was created by Executive Order this past January and their initial consensus recommendations were adopted in October 2019.  The recommendations covered a wide-range of topics affecting water quality and water quality programs, including BMAPs, Septic Tanks, Agricultural BMPs and Stormwater Treatment Systems.  Most recommendations will require implementing legislation, which FSA members may view on the Legislative Page.    
Phase 2 Permit Revisions
On January 13, 2020 FDEP published a notice of rulemaking for revisions to the Phase 2 MS4 Generic Permit.  Please contact FSA immediately if you have any concerns with the proposal.
Biosolids Rulemaking
On October 29, 2019 FDEP published a Notice of Proposed Rule updating Biosolids permitting policies and an associated Statement of Estimated Regulatory Costs.  In part, the proposed rule is the result of the work of the Biosolids Technical Advisory Committee.  Due to its economic impacts, the rule would require legislative ratification before it becomes effective but the rule was not finalized in time for ratification during the 2020 Session.  However, Biosolids policy is being considered in both houses of the Florida Legislature this Session.  For more information, visit the Department's Biosolids webpage.
FSA Legislative Updates
Be sure to visit FSA's Legislative Page each day during the 2020 Legislative Session!  The Legislative page is frequently updated with a list of Priority Issues, Bill Tracking Reports, current news articles and information on individual bills.  It's a resource that is available for FSA members only; you will need your username and password to login.  The Session is set to end on March 13, 2020.    
Overview of the 2020 Legislative Session Webinar
FSA's Overview of the 2020 Legislative Session Webinar will be hosted on March 19th. This event will examine what was introduced, what passed and failed in 2020, and what might be returning for 2021. FSA's President and Lobbyist will review legislative actions on biosolids, septic tanks, permitting requirements, reclaimed water, measures to preempt the regulatory authority of local governments, and many other bills. The webinar is brought to FSA members free of charge thanks to the sponsorship of Applied Sciences. Register today!
Excellence Awards - Nominations Due
FSA's Awards Program recognizes outstanding Stormwater Programs or Projects and the benefit that they provide to the environment and local citizenry.  Awards are presented annually to public sector members who have demonstrated high quality distinctions in Stormwater Programs or Projects.  Interested?  Submit a Nomination Form prior to February 21, 2020! 
Fogarty Training Center   
FSA's Fogarty Training Center holds 25 classes throughout Florida each year, making attendance as convenient as possible. One way to make that even more convenient is to host a class at your city or county offices! In addition to convenience for your staff, host jurisdictions receive one complimentary registration for every 11 staff that attend. Both the Level 1 and Level 2 Certified Stormwater Operator classes meet the requirements of your MS4 permit for initial or "refresher" training of stormwater staff in:
  • Erosion and Sedimentation Control
  • Illicit Discharge Detection and Elimination
  • Spill Prevention and Remediation
  • Good Housekeeping Practices 
  • High Risk Facilities

Interested in hosting a class or being placed on a list to receive notices when a class is scheduled in your area? Contact FSA's Fogarty Training Center or call 888-221-3124.

FSA Career Center
FSA's Career Center is the perfect place to post vacancies or search for jobs!  FSA members can post on the Career Center for free for 30 days and reach qualified stormwater professionals across the state of Florida.  Job seekers can easily search for new jobs in their area.  Visit the Career Center to post a job announcement or to search for open positions.
FSAEF Scholarship Award

The FSA Educational Foundation's   Scholarship Program  awards financial assistance to qualified students attending Florida colleges and universities. Applications are accepted annually from graduate students in colleges or schools of engineering, natural science, public administration (or closely related fields) that have an interest in stormwater quality, management or finance.  Qualified applicants should submit an Application Form by August 7, 2020

We appreciate your feedback!  Please don't hesitate to contact us if have any questions about FSA. 
Florida Stormwater Associati on
Website: www.florida-stormwater.org
Toll-Free Phone: 888-221-3124